Political risk in energy-related investment disputes

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Sahin, H. ORCID: 0000-0003-0908-4813, 2018. Political risk in energy-related investment disputes. The World Arbitration and Mediation Review (WAMR), 11 (3), p. 30. ISSN 1934-3310

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Abstract

The energy industry is a key source of growth stimulation for developing states. This is true not only in terms of economic growth, but also in terms of the transfer of knowledge and skills as well as the provision of employment opportunities. Understandably, developing states are well-disposed towards international investors, and are eager to enter into petroleum investment contracts with the expectation that this will bring the aforementioned benefits to their countries particularly where the host state is less able to act as a provider of such resources autonomously. On a global scale, regardless of their type, all investments face risks. These risks are volatile in nature and reach as the world economy globalises. It is, of course, true that political risk phenomena per se are potentially destructive to all industries. However, it is fair to say that due to its high stakes, the energy industry is more acutely exposed and subject to political risk than most sectors. The purpose of this article is to examine political risk, particularly direct expropriation risk, in long-term energy investment projects. This paper will refer to arbitral decisions with regard to expropriation cases, as well as the valuation techniques applied by the investment arbitration tribunals in unlawful expropriation cases.

Item Type:

Journal article

Publication Title:

The World Arbitration and Mediation Review (WAMR)

Creators:

Sahin, H.

Publisher:

Juris Publishing

Date:

30 August 2018

Volume:

Number: